Columbia Truck Accident Lawyer

Why Should You Have to Pay For a Truck Driver’s Negligence?

Nearly 4,000 collisions on South Carolina’s roads in 2019 involved commercial motor vehicles, and 104 of those were fatal. This data, reported in the South Carolina Traffic Collision Fact Book, shows how dangerous it is to share the roads with larger vehicles. Most of these accidents occurred on interstate routes, including in Columbia, where truck traffic is heavy on 1-20 and other highways.

Unfortunately, in truck accident cases, it’s not just you versus the truck driver. It’s you versus the trucking company, the insurance companies, and their legal team of eager lawyers. That means that in just about every truck accident case, the accident victims have an uphill battle.

In the aftermath of a truck accident, it’s normal to feel overwhelmed and unsure of where to turn. You may be coping with painful injuries, unable to work, and trying to manage the growing burden of medical bills and daily expenses. It’s a lot for anyone to handle, especially when you’re still trying to process what happened.

At Hammack Law Firm, we understand how deeply these accidents can affect every part of your life. That’s why we approach each case with compassion, patience, and a genuine commitment to easing your stress. You don’t have to carry this alone—we’re here to help you find a path forward.

A Columbia truck accident lawyer from our team will review your accident to see if you can recover damages from the party who caused your accident. We can review your legal options with you during a free consultation today. Call 864-766-7108 to get started.

How Do You Identify Liable Parties Who Could Have Caused Your Collision?

Truck accident cases are often more complicated than passenger vehicle accidents. One reason is multiple parties can be at fault. Our lawyer handling these cases in Columbia will investigate your accident to determine who you can sue for damages. Liable parties could include:

The truck’s owner
The truck driver’s employer
The company hired to load the truck
The repair shop or company responsible for the truck’s upkeep
The company that made any failed parts (e.g., brakes)
The truck’s manufacturer
The municipality responsible for road maintenance
Other vehicles involved in the accident

Determining who is at fault in your accident is an important part of any truck accident insurance case. After identifying the liable parties in your accident, we file a claim with the at-fault party’s insurer.

We Can Obtain Evidence That You May Not Be Able to Get on Your Own

Truck collisions also differ from other vehicle accidents where it concerns evidence. The opposing party can hold evidence that could help us prove your case. It is important to move quickly to preserve that evidence. Our firm will send the truck company a spoliation letter to keep it intact. Parties who violate this legal letter face serious legal consequences. Evidence may include:

The truck’s maintenance records
The driver’s logbooks
Records of company violations
Information from an event data recorder (EDR)
Dashcam video footage
The truck driver’s employment and training history

In South Carolina, truck drivers and trucking companies are required to follow rules and regulations to ensure the safety of those around them. The evidence listed here can show if those rules and regulations were violated and contributed to the accident.

What Damages Can You Seek Compensation for Truck Accidents In Columbia, SC?

As we determine who is responsible for hitting your vehicle, our lawyer will also assess your damages and losses. We will look at your economic and non-economic damages and then determine what your case is worth. Common economic damages in truck accident cases are:

Medical treatment expenses
Loss of future income
Reduced earning potential
Vehicle damage
Property damage
Other accident-related expenses

The dollar amount of all these can be proven with receipts, invoices, and other records. However, your Columbia accident can include intangible damages that do not have a fixed dollar amount. Still, they should be assessed because of how the accident has affected your daily life. We will employ the services of expert witnesses and professionals to figure out what you are owed for these damages. Non-economical damages often include the following:

Emotional anguish
Disability and disfigurement
Loss of companionship
Loss of enjoyment of life

We will calculate both types of losses and assign a value to your case. The value of your claim is the sum of all your damages. You can include these damages in the insurance claim you file with the at-fault party’s insurer.

South Carolina rarely awards punitive damages. Unlike economic and non-economic damages, punitive damages are not meant to compensate for the harm done. They are meant to punish the guilty party for extreme negligence, reckless behavior, or intentional actions. When punitive damages are awarded, they are usually about three times the amount of the compensatory damages or $500,000, whichever is larger. Punitive damages require an abundance of solid evidence.

Filing a Wrongful Death Action in South Carolina

Because of the nature of commercial trucks, fatal truck accidents are more common than in passenger vehicle accidents. If your loved one suffered fatal injuries in a truck accident in Columbia, please accept our condolences. We are truly sorry for your loss. Our lawyer will file a wrongful death action that could help you recover funeral and burial expenses, unpaid bills for your loved one’s final medical care, and other losses. We are here for you when you are ready to pursue a wrongful death case. We will explain state laws that pertain to your situation and help you figure out your next steps.

Modified Comparative Negligence May Impact Your Claim

In South Carolina, personal injury claims are settled according to modified comparative negligence. As long as you are less than 51% liable for your commercial truck accident, you can seek compensation. However, your final settlement will be impacted by your percentage of liability. If you are 20% liable for your accident, your potential $40,000 will be reduced by 20%, or $8,000.

How Will Your Truck Accident Attorney Prove Who Is Liable For Your Accident?

Four elements are essential to prove when determining who is liable for a commercial truck accident. If you are unable to satisfy one or more of these points, it can completely derail your truck accident claim.

The four elements are:

Duty of care- The truck driver has a duty to ensure his safety and that of those around him.
Breach of duty- The truck driver failed to meet their duty of care.
Causation- The truck driver’s breach of duty directly caused your injuries.
Damages- You suffered measurable harm as a result of the truck driver’s negligence.

Showing up to court unprepared and without the proper evidence to prove the above elements can result in you receiving less compensation than you are owed or in the judge throwing your claim out, making it impossible for you to file another claim.

Our experienced truck accident attorneys have the knowledge and know-how to investigate your truck accident and determine if and how these four key points will affect your claim. Don’t miss out on a fair compensation. Let us help you with your truck accident claim.

What Are Common Causes of Commercial Truck Accidents in South Carolina?

Truck accidents are chaotic destruction, and you may have a lot of questions after getting in one. It is normal to want to understand how this happened. Some of the common causes of truck accidents include the following:

Driver fatigue- One of the most common causes of truck accidents caused by working long hours without proper rest.
Distracted driving- Truck drivers are susceptible to the same distracting vices as passenger vehicle drivers. Eating, texting, or fiddling with the radio can cause them to take their eyes off the road long enough for disaster to strike.
Speeding- A fully loaded commercial truck can weigh as much as 80,000 pounds, which means it takes a long time to stop. A speeding truck driver is especially dangerous.
Driving under the influence- Alcohol, illegal drugs, and prescription medication can impair reaction time and cause an accident.
Mechanical issues- Tire blowouts and faulty brakes can cause a driver to lose control of their truck.
Improperly loaded cargo- When cargo isn’t loaded with safety in mind, things can fly off the truck, or an unbalanced load can cause the truck to tip, nothing causing terrible accidents.
Failure to follow traffic laws- When truck drivers run red lights or ignore safety signs, they put everyone around them at risk.

Are You Prepared to Pursue Maximum Compensation From the Insurance Companies?

We will fight for the maximum compensation for your truck accident. However, while we assess your case, you could hear from the liable party’s insurance company soon after the accident. They could offer you a settlement to make your case go away so that it can save money. Usually, these settlement offers are less than what you are entitled to receive and may barely make a dent in bills you already owe.

Accepting such an offer before you’ve had time to receive or finish your medical treatment and assessing the value of your case could mean settling for a check that falls short of your needs. Our job is to protect your rights and interests.

We are prepared to fight for every dollar that is yours and take the insurance company to trial, no matter how big or small. We will negotiate with other parties in your case, but we treat each case as if we’re going to trial. We are ready to meet the challenge of getting compensation for you and your family.

Insurance companies tend to employ strategies to get truck accident victims to agree to a smaller settlement than they deserve or damage their truck accident claim. You should never give the insurance company a recorded statement without first speaking to a truck accident lawyer. If you are getting tired of dealing with these aggressive people, once you hire Hammack Law Firm, you can say:

“I’m not willing to speak with you on the matter; call my attorney at Hammack Law Firm at 864-766-7108.”

We’ve Won Thousands of Dollars for Our Clients

Some of our recent truck accident case results include:

$900,000 for a client who required a total hip replacement after being hit by a truck driver who lost control of his tractor-trailer
$700,000 for a passenger in a jack-knife truck accident who suffered leg injuries
$135,000 for a client who suffered injuries to her neck and shoulder after a truck hit the rear of her car

If you are interested in learning more about how our firm could seek damages in your accident, we will share more information with you during a free consultation. Call us at 864-766-7108 at any time, and we will be ready to answer your questions.

How Will Our Columbia Trucking Accident Attorney Help You?

When you become our client, we will manage your entire case. We will:

Investigate the accident, reviewing photos of the accident scene, your damaged property, and your injuries
Identify the at-fault party responsible for the accident by proving the four key elements of liability: Duty of care, breach, causation, and damages
Interview witnesses, obtain dashcam/security cam footage and the official police report to back your claims
Determine which insurance policies apply to your case
Quantify your damages and identify ones you may not know you have using our extensive experience dealing with truck accident cases
Gather evidence of losses in the form of medical treatment bills, vehicle repair invoices, and income slips to show lost earnings
Submit a demand letter to the insurer, along with copies of your evidence
Negotiate with the insurer for an appropriate settlement
Prepare and file your lawsuit and file it on time if a settlement does not happen
Take your case to court if your claim is denied

We provide regular updates so you will always know what is going on with your case. We also explain all state and federal laws that apply to your accident and will answer any question or concern you have. We treat our clients with respect and dignity and ensure they are paid what they are owed.

What is the Filing Deadline for Commercial Truck Accident Claims?

South Carolina law limits the time you have to file a personal injury and wrongful death action against the liable parties in a truck accident. Under S.C. Ann § 15-3-530, you generally have three years to take legal action starting from the day of the accident or the day of the decedent’s death.

Because gathering evidence and building a strong case for trial takes time, the sooner you contact us, the sooner we can begin. Insurance companies will sometimes drag their feet in the hopes of running down the clock. When they take the low road, we take the high one and will stand by your side in court. Our lawyer serving Columbia can help you determine your next steps.

What Makes Our Clients Feel at Home With Hammack Law Firm?

Our clients are family, and we give them the legal care we would want for our own family members. Our team of compassionate and understanding attorneys understands the difficulty and frustration of dealing with insurance adjusters, police, and the attorneys of the at-fault party, especially when you are injured. You should be able to concentrate on your recovery, not feel afraid to answer the phone.

Trusted by Clients and Recognized by the Legal Community

We have represented many clients in truck accidents, so we know how they can bring your life to a standstill. The real-life reviews below and Google reviews demonstrate our commitment to our clients and our diligent perseverance in securing your compensation.

“[Hammack Law Firm attorneys] brought their ‘A Game’ in representing me with an accident I had at no fault of my own. They patiently worked on my case for several years until I was recovered and always kept me up to date on its status.” Jerry Oates

“I want to thank [Hammack Law Firm] and his staff for allowing me to become a part of their family when Paul agreed to take on my case. I will recommend Hammack Law Firm to family and friends when they need a real lawyer to handle a case for them.” Cynthia McGill

“I highly recommend Hammack Law Firm. Paul has a unique background working for insurance companies, so he knows their playbook. I am confident he will get you the best results if you are having to fight for payment against an insurance company in a personal injury case.” Joanna Reese

We Represent South Carolina Clients on a Contingency Basis

We will represent you at no cost and take on your case on a contingency fee basis. We collect payment only if you win the case; if you do not win, you pay us nothing. We understand that legal representation can be prohibitively expensive. That is why we make our services available to anyone who has been injured in a truck accident without the need for upfront fees. We will patiently and proactively pursue your case until we reach a recovery for you and will keep you up to date regarding progress and what to expect every step of the way.

Contact Our Team Today

Hammack Law Firm’s lawyer serving Columbia, S.C., can help you file a lawsuit after your truck accident. We will gather evidence, file your claim, and negotiate a settlement on your behalf. If we do not reach a settlement, we will take your case to the court for review. Do not hesitate to reach out to our caring team.

Call us today at 864-766-7108 for a free consultation. We are ready to start working for you.

We put the personal back in “personal injury.”